HEALTH INSURANCE ACT 1973 - SECT 23DZZIQ Requester offences--asking for or accepting prohibited benefits

HEALTH INSURANCE ACT 1973 - SECT 23DZZIQ

Requester asks for or accepts prohibited benefit

  (1)   A person commits an offence if:

  (a)   the person is a requester of one or more kinds of pathology services or diagnostic imaging services; and

  (b)   the requester accepts a benefit from a second person; and

  (c)   the second person intends that the benefit will induce the requester to request any of those kinds of services from a particular provider; and

  (d)   the requester knows (either at the time of the acceptance of the benefit or at any later time) that the second person has that intention; and

  (e)   the benefit is not a permitted benefit.

Penalty:   Imprisonment for 5 years.

Note:   For the liability of an executive officer of a body corporate, see section   23DZZIT.

  (2)   A person commits an offence if:

  (a)   the person is a requester of one or more kinds of pathology services or diagnostic imaging services; and

  (b)   the requester:

  (i)   asks for a benefit from a second person; or

  (ii)   accepts a benefit from a second person; and

  (c)   the requester intends to request any of those kinds of services from a particular provider as a result of being provided the benefit; and

  (d)   the benefit is not a permitted benefit.

Penalty:   Imprisonment for 5 years.

Note:   For the liability of an executive officer of a body corporate, see section   23DZZIT.

  (3)   The provider in paragraph   (1)(c) or (2)(c) may or may not be the second person.

Requester knows that another person asks for or accepts prohibited benefit

  (4)   A person commits an offence if:

  (a)   the person is a requester of one or more kinds of pathology services or diagnostic imaging services; and

  (b)   a second person accepts a benefit from a third person; and

  (c)   the third person intends that the benefit will induce the requester to request any of those kinds of services from a particular provider; and

  (d)   the requester knows (either at the time of the acceptance of the benefit or at any later time) that:

  (i)   the second person accepts the benefit from the third person; and

  (ii)   the third person has that intention; and

  (e)   the benefit is not a permitted benefit.

Penalty:   Imprisonment for 5 years.

Note:   For the liability of an executive officer of a body corporate, see section   23DZZIT.

  (5)   A person commits an offence if:

  (a)   the person is a requester of one or more kinds of pathology services or diagnostic imaging services; and

  (b)   a second person:

  (i)   asks for a benefit from a third person; or

  (ii)   accepts a benefit from a third person; and

  (c)   the requester intends to request any of those kinds of services from a particular provider as a result of the second person being provided the benefit; and

  (d)   the benefit is not a permitted benefit.

Penalty:   Imprisonment for 5 years.

Note:   For the liability of an executive officer of a body corporate, see section   23DZZIT.

  (6)   The provider in paragraph   (4)(c) or (5)(c) may or may not be the third person.

  (7)   Subsection   (4) does not apply if:

  (a)   within 30 days after the requester first becomes aware as mentioned in paragraph   (4)(d), the requester reports the benefit to the Chief Executive Medicare, in the form approved in writing by the Chief Executive Medicare; or

  (b)   that 30 day period has not elapsed.

Note:   A defendant bears an evidential burden in relation to the matters in subsection   (7) (see subsection   13.3(3) of the Criminal Code ).